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DYNAMIC MEDICAL IMAGING, P.C. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

2554/08

29 Misc.3d 278 (2010)

905 N.Y.S.2d 880

DYNAMIC MEDICAL IMAGING, P.C., as Assignee of Staffa Pasqualino, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

District Court of Nassau County, First District.

Decided July 15, 2010.

Attorney(s) appearing for the Case

Rivkin Radler LLP for defendant.

Friedman, Harfenist, Kraut & Perlstein for plaintiff.

OPINION OF THE COURT

FRED J. HIRSH, J.

The defendant moves for summary judgment.

Background

This action raises the issue of whether an insurer can obtain documentary material relating to a potential Mallela defense in a demand for an examination under oath (EUO).

Staffa Pasqualino was injured in a motor vehicle accident on July 15, 2007. Richard Amato, D.C., Staffa's treating...

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